Fraudes bancárias como afronta ao direito da personalidade: a importância da combinação da LGPD e do Bacen no sistema financeiro

Abstract

The law system has the arduous task of keeping up with the customs of a constantly evolving society, and in doing so, it always seeks to orchestrate solutions to situations that haven't yet been experienced, but doesn't always succeed. Everyday life has been radically transformed at a pace never seen before due to technological advancements, which bring both productive conveniences and others not so much. As a result, the financial system has taken advantage of the conveniences that technology has provided to achieve its goal of financial inclusion and banking for the population, which has brought greater practicality and convenience to its audience. Similarly, the law has sought to regulate the operation of these new ways of using the financial system through resolutions issued by the National Monetary Council and the Central Bank of Brazil, as well as protecting the personal data of its users, considering that the new significant asset in these relationships to be used now would be the personal information of the account holder, through the General Data Protection Law. However, this transformation has exposed society to new forms of bank fraud, particularly the opening of accounts without proper verification of the applicant's authenticity. In doing so, the relevance of personality rights needs to be assessed and the applicability of existing legal frameworks that can prevent the occurrence of bank fraud, which violate fundamental guarantees of their victims, such as the right to identity and privacy, needs to be considered.